Privacy Policy – Fortyplusone

PRIVACY POLICY

Forty + One Hotel

BOSU SBS Hotel GmbH

Last updated: February 2026

1. Data Controller

The data controller responsible for the processing of your personal data on this website is:

Company: BOSU SBS Hotel GmbH

Brand: Forty + One Hotel

Address: Schönbrunner Straße 41, 1050 Vienna, Austria

Managing Director: Denys Sukhorebsky

Company Registration: FN 631693 k – Tribunale commerciale di Vienna

Operated by: Dwell Bell

E-mail: [email protected]

Telefono: +43 1 424 00 34

 

If you have any questions about data protection or wish to exercise your rights, please contact us at the email address above. We will respond within one month in accordance with GDPR requirements.

2. Overview and Scope

This privacy policy explains how we collect, use, store, and protect your personal data when you visit our website (https://fortyplusone.at), make a booking, stay at our hotel, subscribe to our newsletter, or otherwise interact with us. It has been prepared in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the Austrian Data Protection Act (Datenschutzgesetz, “DSG”).

We process personal data only when there is a lawful basis to do so and only for the purposes described in this policy.

3. Legal Bases for Processing

We process your personal data on the following legal bases under Article 6(1) GDPR:

  • Consent (Art. 6(1)(a) GDPR): Where you have given explicit consent, e.g. for marketing emails/newsletter, non-essential cookies (analytics, advertising), or sharing data with specific partners.
  • Performance of a contract (Art. 6(1)(b) GDPR): Where processing is necessary to fulfil a booking or provide our hotel services to you.
  • Legal obligation (Art. 6(1)(c) GDPR): Where we are required by law to process your data, e.g. guest registration (Meldegesetz), tax retention obligations, or reporting to tourism authorities.
  • Legitimate interest (Art. 6(1)(f) GDPR): Where processing is necessary for our legitimate interests, e.g. website security, fraud prevention, and improving our services, provided these interests are not overridden by your rights.

4. Personal Data We Collect

4.1 Website Visit Data

When you visit our website, the following data is automatically collected for technical and security reasons (legal basis: legitimate interest, Art. 6(1)(f) GDPR):

  • IP address (anonymised where possible)
  • Date, time, and duration of the visit
  • Browser type and version, operating system
  • Referring URL (the page from which you accessed our site)
  • Pages accessed on our website

4.2 Booking and Guest Data

When you make a reservation or stay at our hotel, we collect the following data (legal basis: contract performance, Art. 6(1)(b), and legal obligation, Art. 6(1)(c) GDPR):

  • Full name, date of birth, nationality
  • Home address
  • Email address and phone number
  • Passport or ID number (as required by Austrian Meldegesetz for guest registration)
  • Payment information (processed securely via Adyen through our booking system Mews)
  • Booking dates and preferences
  • Accompanying guests’ names and relevant details

4.3 Contact Form and Email

When you contact us via the website form or email, we collect your name, email address, and the content of your message (legal basis: consent, Art. 6(1)(a), or pre-contractual measures, Art. 6(1)(b) GDPR).

4.4 Newsletter / Email Marketing

If you subscribe to our newsletter, we collect your email address and, optionally, your name. We use Mailchimp (The Rocket Science Group LLC, Atlanta, USA) to manage our email marketing. Your data is stored on Mailchimp’s servers in the United States – see Section 9 for information about international transfers.

Legal basis: Your explicit consent (Art. 6(1)(a) GDPR). You may unsubscribe at any time using the unsubscribe link in each email or by contacting us directly. Withdrawing consent does not affect the lawfulness of processing carried out before the withdrawal.

4.5 Cookies and Tracking Technologies

See Section 8 below for detailed information about cookies and tracking.

5. Purposes of Processing

We use your personal data for the following purposes:

  • Fulfilling reservations and providing hotel services
  • Mandatory guest registration under Austrian law (Meldegesetz)
  • Reporting to the municipality/city and tourism association as required by law
  • Processing payments via Adyen
  • Responding to your enquiries
  • Sending newsletters and marketing communications (only with your explicit consent, via Mailchimp)
  • Website analytics and performance measurement (Google Analytics, with consent)
  • Online advertising measurement and remarketing (Meta Pixel, Google Ads, with consent)
  • Website operation, security, and improvement
  • Compliance with tax and accounting obligations

6. Data Recipients and Third-Party Sharing

We share your personal data with the following categories of recipients, only to the extent necessary:

6.1 Legal and Regulatory Authorities

  • Municipality/City of Vienna – for mandatory guest registration (Meldegesetz)
  • Vienna Tourism Association (Wien Tourismus) – for statistical reporting as required by law
  • Tax authorities – as required by Austrian tax law

6.2 Service Providers (Data Processors)

We use the following service providers who process data on our behalf under data processing agreements (Art. 28 GDPR):

  • Mews Systems s.r.o. (mews.com, Prague, Czech Republic) – Property management and booking system. Mews processes your booking and guest data on our behalf.
  • Adyen N.V. (adyen.com, Amsterdam, Netherlands) – Payment processing. Adyen processes your payment data securely on our behalf via Mews. Adyen is PCI DSS Level 1 certified.
  • DigitalOcean, LLC (digitalocean.com, New York, USA) – Website hosting. Our website is hosted on DigitalOcean servers. See Section 9 for information about international transfers.
  • Meta Platforms Ireland Limited (Facebook/Meta, Dublin, Ireland) – Meta Pixel for advertising analytics (only activated with your cookie consent). Data may be transferred to the USA – see Section 9.
  • Google Ireland Limited (Google, Dublin, Ireland) – Google Analytics for website usage analysis and Google Ads for advertising measurement (only activated with your cookie consent). Data may be transferred to the USA – see Section 9.
  • The Rocket Science Group LLC (Mailchimp) (mailchimp.com, Atlanta, USA) – Email marketing and newsletter distribution (only if you have subscribed). See Section 9 for international transfers.

 

We do not sell your personal data to any third party.

7. Data Retention Periods

We retain your personal data only for as long as is necessary for the purpose for which it was collected or as required by law:

Data Category

Retention Period

Legal Basis

Guest registration data

7 years

Austrian tax retention (§ 132 BAO)

Booking and payment data

7 years

Tax and accounting obligations

Contact form enquiries

6 months

After completion of enquiry

Newsletter subscriber data

Until unsubscribe

Consent (Art. 6(1)(a) GDPR)

Server log files

14 days

Website security (legitimate interest)

Cookie consent records

3 years

Proof of consent (accountability)

Google Analytics data

14 months

Consent; GA4 default retention

Marketing consent data

Until withdrawal

Consent (Art. 6(1)(a) GDPR)

 

After the retention period expires, data is securely deleted or anonymised.

8. Cookies and Tracking Technologies

Our website uses cookies – small text files stored on your device by your browser.

8.1 Types of Cookies

Strictly necessary cookies: These are essential for the website to function (e.g. session management, cookie consent preferences, security). They do not require your consent (§ 165(3) TKG 2021, Art. 5(3) ePrivacy Directive).

Analytics cookies (Google Analytics): These help us understand how visitors use our website. We only set these cookies after you have given explicit consent.

Advertising/marketing cookies (Meta Pixel, Google Ads): These are used to measure the effectiveness of our advertising and to display relevant ads. We only set these cookies after you have given explicit consent.

8.2 Google Analytics

Our website uses Google Analytics 4 (GA4), a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Analytics uses cookies to analyse your use of the website. The information generated is usually transferred to a Google server in the USA and stored there.

We have enabled IP anonymisation, so your IP address is truncated within the EU/EEA before being transmitted. Google Analytics is activated only after you provide explicit consent via our cookie consent banner.

You can find Google’s privacy policy at: https://policies.google.com/privacy

8.3 Google Ads / Conversion Tracking

Our website uses Google Ads conversion tracking, provided by Google Ireland Limited. When you click on an ad served by Google, a conversion tracking cookie is placed on your device. This cookie helps us measure the effectiveness of our advertising campaigns. Google Ads conversion tracking is activated only after you provide explicit consent.

8.4 Meta Pixel (Facebook Pixel)

Our website uses the Meta Pixel (formerly Facebook Pixel), a tracking tool provided by Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. The Meta Pixel is activated only after you provide explicit consent via our cookie consent banner.

The Meta Pixel collects data such as your IP address, browser information, pages visited, and actions taken on our website. This data is used to measure the effectiveness of our advertising campaigns and to display targeted advertisements on Facebook and Instagram. Data may be transferred to Meta Platforms, Inc. in the United States – see Section 9.

8.5 Your Cookie Choices

When you first visit our website, a cookie consent banner is displayed. You may accept or reject non-essential cookies by category (analytics, marketing). You can change your cookie preferences at any time by clicking the cookie settings link in the footer of our website. Withdrawing consent does not affect the lawfulness of processing carried out before the withdrawal.

9. International Data Transfers

Some of our service providers are located outside the European Economic Area (EEA), specifically in the United States. Where personal data is transferred to countries outside the EEA, we ensure appropriate safeguards are in place in accordance with Chapter V of the GDPR:

  • EU-U.S. Data Privacy Framework (DPF): Google LLC, Meta Platforms Inc., The Rocket Science Group LLC (Mailchimp), and DigitalOcean LLC are certified under the EU-U.S. Data Privacy Framework (European Commission adequacy decision of 10 July 2023). Transfers to these companies are therefore covered by this adequacy decision.
  • Standard Contractual Clauses (SCCs): Where the Data Privacy Framework does not apply or as an additional safeguard, we rely on the European Commission’s Standard Contractual Clauses as the transfer mechanism.

 

You may request a copy of the relevant safeguards by contacting us at [email protected].

10. Your Rights Under the GDPR

Under the GDPR and the Austrian DSG, you have the following rights regarding your personal data:

Right

Description

Right of Access (Art. 15)

You can request confirmation of whether we process your data and obtain a copy of it.

Right to Rectification (Art. 16)

You can request correction of inaccurate or incomplete personal data.

Right to Erasure (Art. 17)

You can request deletion of your data where there is no compelling reason for continued processing.

Right to Restriction (Art. 18)

You can request that we restrict the processing of your data in certain circumstances.

Notification Obligation (Art. 19)

We will notify each recipient of any rectification, erasure, or restriction unless this proves impossible or involves disproportionate effort.

Right to Data Portability (Art. 20)

You can request your data in a structured, commonly used, machine-readable format.

Right to Object (Art. 21)

You can object to processing based on legitimate interest. We will cease processing unless we have compelling grounds.

Automated Decisions (Art. 22)

You have the right not to be subject to decisions based solely on automated processing, including profiling.

Right to Withdraw Consent (Art. 7(3))

Where processing is based on consent, you may withdraw it at any time. This does not affect the lawfulness of processing before withdrawal.

 

To exercise any of these rights, please contact us at [email protected]. We will respond within one month. If we need to extend this period (by up to two additional months due to complexity or volume), we will inform you within the first month.

Right to lodge a complaint: If you believe your data protection rights have been violated, you have the right to lodge a complaint with the Austrian Data Protection Authority (Datenschutzbehörde):

Address: Barichgasse 40-42, 1030 Vienna, Austria

Website: https://www.dsb.gv.at/

E-mail: [email protected]

11. Guest Registration

Under the Austrian Registration Act (Meldegesetz), we are legally required to register all guests and report their data to the relevant municipal authority. This is a legal obligation (Art. 6(1)(c) GDPR) and does not require your consent.

If you are the main traveller or group leader, we kindly ask you to inform any accompanying guests about this data processing prior to arrival.

Data shared with the municipality/city and the tourism association is limited to what is required by law and is transmitted securely.

12. Server Log Files

Our web hosting provider (DigitalOcean) automatically collects and stores information in server log files that your browser transmits when you visit our website. This includes your IP address, browser type and version, operating system, referring URL, Internet service provider, and date/time of access.

This data is processed on the basis of our legitimate interest in ensuring website security and stability (Art. 6(1)(f) GDPR). Log files are retained for 14 days and then automatically deleted. This data is not combined with other personal data sources.

13. Contact Form and Email Communication

If you contact us via our website form or by email, we store your name, email address, and message content for the purpose of processing your enquiry and for follow-up correspondence. This data is retained for 6 months after the enquiry has been completed, unless a longer retention is required for contractual or legal reasons.

Legal basis: Consent (Art. 6(1)(a) GDPR) if you initiated the contact, or pre-contractual measures (Art. 6(1)(b) GDPR) if the enquiry relates to a potential booking. We will not share this data with third parties without your consent.

14. Email Security

If you send us personal data by email outside of this website, we cannot guarantee the secure transmission and protection of your data. We recommend that you do not send confidential or sensitive data via unencrypted email.

15. Data Security

We implement appropriate technical and organisational measures to protect your personal data against unauthorised access, loss, destruction, or alteration, in accordance with Article 32 GDPR. These measures include:

  • SSL/TLS encryption for all data in transit

Access controls and authentication for internal systems

Regular security assessments and updates

Data processing agreements (Art. 28 GDPR) with all service providers

PCI DSS-compliant payment processing through Adyen

16. Children’s Data

Our website and services are not directed at children under 16. We do not knowingly collect personal data from children under 16 without parental consent. If you believe a child’s data has been collected without appropriate consent, please contact us and we will delete it promptly.

17. Changes to This Privacy Policy

We may update this privacy policy from time to time to reflect changes in our practices, legal requirements, or services. The current version will always be available on our website at https://fortyplusone.at/privacy-policy/. We encourage you to review this policy periodically. Material changes will be communicated via our website.

18. Online Dispute Resolution

In accordance with the Regulation on Online Dispute Resolution in Consumer Affairs (ODR Regulation), we inform you that the European Commission’s Online Dispute Resolution Platform is available at: https://ec.europa.eu/odr

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

19. Contact

For all data protection enquiries, please contact:

 

BOSU SBS Hotel GmbH / Forty + One Hotel

Operator: Dwell Bell

Address: Schönbrunner Straße 41, 1050 Vienna, Austria

E-mail: [email protected]

Telefono: +43 1 424 00 34